Infracciones y sanciones administrativas relacionadas a las construcciones.

Abstract

In Ecuador, there is not a specific legal body that solves the problem for the urban construction sector on the Administrative Sanctioning Procedures according to the principles of Sanctioning Administrative Law. This research constitutes a theoretical, qualitative and descriptive case study, to determinate how intervenes this doctrine with the process established in the Organic Administrative Code (COA) regarding infractions and the imposition of sanctions in the sector. The Sanctioning Power of the Public Administration in Constructions was determined as the object of study to determine the background and theoretical foundations of the investigation, which allowed us to assume that although each Decentralized Autonomous Government in Ecuador applies sanctions in the construction sector, given by its autonomy, these are not under any regulation conceived in a sanctioning legal body of the Public Administration specifically for the construction sector, generating a legal vacuum due omitting the principle of typicality established in article 29 of the COA, consequently any infraction not stipulated in a law violates that principle of the administrative sanctioning procedure. It was established as aim to determine the legal mechanism from the Public Administrative Law that allows the regulation of the administrative sanctioning procedures proportional to the grade of committing of the illegal offense in the field of construction emanating from the GAD's, which led to the proposal of the creation of a Law that contains administrative infractions related to constructions, due the current ones exist only in ordinances.